Avinash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5915 of 2023 Arising Out of PS. Case No.-335 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== AVINASH PASWAN S/O MANOJ PASWAN @ MANOJ RAM Resident of Village- Bishrampur, P.S.- Sheo Sagar (Baddi), District- Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Shivsagar P.S. Case No. 335 of 2021, registered for the offences punishable under Sections 379 of the Indian Penal Code.

As per allegation, some unknown persons committed theft of Apache motorcycle of the informant. The learned counsel for the petitioner has submitted that nothing was recovered from his possession. He has falsely been implicated. He is not named in the FIR and on exactly similar footing co-accused Law Patel has been granted bail in Cr. Misc. No. 7463 of 2023. The petitioner is under custody

Patna High Court CR. MISC. No.5915 of 2023(2) dt.05-05-2023 2/2 since 13.06.2022.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Shivsagar P.S. Case No. 335 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T